LETTINGS AND MANAGEMENT AGREEMENT Landlord s Name/s: Landlord s Address: Property to Let Address: Telephone. Nos. Property: Home: Mobile: Work : Fax: E-mail: Bank details for rent to be paid into: A/C No: Sort Code: The Landlord(s) (and their successor in title) appoints this agency to let and / or manage their property, to act on their behalf, at the landlord expense and authorises the agency to advertise and arrange for prospective tenants to view the property subject to the terms and condition set out below. We are pleased to receive your instructions to offer the above-mentioned property for renting on the following basis: - 1. Marketing Details 1.1. Sole agency for a minimum period of 8 weeks. 1.2. Rental per calendar month for marketing. 1.3. Initial term of Tenancy period required years / months. 1.4. Furnished / Part furnished/ Unfurnished. 1.5 Pets acceptable / not acceptable. 1.6. Smokers acceptable / not acceptable. 1.7. Housing benefit accepted / not accepted 1.8. Inventory required. Costs for preparation (if applicable) as listed below. 1.9. Property mortgaged: Yes No 1.10. Insurance details: Specific Landlords Policy Yes No If Yes, when is it due for renewal? 1.11. Have you lived in Property: Yes No
1.12. Do you have a current Gas Safety Certificate? Yes No If No we will organise and charge you accordingly. 1.13. Do you have a current EPC (Energy Performance Certificate? Yes No If No we will organise and charge 75. 1.14. Do you have a current Electric Certificate? Yes No If No we will organise and charge you accordingly. PLEASE INDICATE YOUR CHOICE OF SERVICE Please tick the appropriate box Letting Only Service Full Management Service 2. Services and agency fees: 2.1 Letting only service 12% of the gross rent for the period of six months, payable at the commencement of the tenancy. Minimum fee 360 per six months tenancy. Renewal of tenancy to the same tenant - 90. 2.2 Full management service 12% of the gross rent for the period of the agreed tenancy term. 195 setting up fee due on the initial letting, then 90 for subsequent lettings. Payable monthly from rental collected. Renewal of tenancy to the same tenant No charge. 2.3 A free company To Let board will automatically be erected at the property once instructions to let have been received. This will be replaced with a Let by board when the property has been let. (Subject to the Town and Country Planning (control of Advertisements) Regulations 1992). Note: All fees Include VAT at the current rate. 3. Additional Charges Payable to the Agent. 3.1 There is a charge of 36 per tenancy to register the deposit with The Dispute Service/ My Deposits. 3.2 A compliance charge of 24 to test Smoke & Carbon Monoxide Detectors on the first day of each new tenancy. 3.3 Property visits during tenancy at the landlord s request is charged at 25 per visit. 3.4 The cost of any overseas calls faxes and redirected of mail on behalf of the landlord shall be recoverable. 3.5 A sum equivalent to 12% of the value of any insurance claim (minimum fee 50) administered or dealt with by the agent on behalf of the landlord is recoverable. 3.6 I/We agree to pay a fee of 95 plus any advertising, to cover out of pocket expenses, if the above property is withdrawn before a tenant is found. The above is applicable if the property is withdrawn for any reason other than Parkes & Co Ltd are unable to find a tenant after eight weeks of this agreement. In that event, only advertising costs would be due. 3.7 For vacant properties or empty periods between lets and when tenants have vacated the property and the property remains empty. The agency will not take any responsibility for any damage, injury or liability that may arise at the property during this period. 3.8 60 for the preparation of an Inventory on fully furnished properties.
4. Letting Only Service (Tenant Find) 4.1 Prepare particulars of the property for Let immediately, put details in our window, on our To Let List, on our website & various websites we subscribe to and circulate to prospective tenants & advertise as necessary. 4.2 Apply for and obtain relevant credit searches, personal, employment and current landlord references in connection with each tenant party that will sign the tenancy agreement (except where instructed not to by the landlord). 4.3 Prepare all necessary tenancy agreements and relevant notices and co-ordinate the signing of the same by the tenants.. 4.4 Collect one months rent in advance, together with a deposit / bond in respect of dilapidations and for any non- performance of the tenant s tenancy obligations. 4.5 Arrange for the preparation of an Inventory of fixtures and fittings. 4.6 To erect a To Let marketing board at the property and to replace the same with a Let by marketing board when suitable tenants have been found for the property. 5. Full Management Service In addition to providing the services listed under our Letting Only Service above, we will also undertake the following: 5.1 Make arrangements for the demand of the monthly rent due from the tenant(s) in respect of the property let. (The agency will not act as a debt collector) 5.2 Upon receipt of the rent paid by the said tenant(s), to pay the same over to you by BACS to your nominated Bank / Building Society account as per any pre-arrangements made. 5.3 To prepare monthly statements detailing payment received by the agent on behalf of the landlord s let property and to clearly state any deductions or fees made by the agency. 5.4 Allowing time for cheque clearance, we will normally account to you within ten working days from the rent receipt date. 5.5 Arrange and co-ordinate the tenant s occupation and vacation of the property. 5.6 We will provide property inspections whilst the tenant(s) are in occupation to check the property is being looked after. 5.7 Arrange for appropriate tradesmen to effect necessary repairs and decoration to a maximum cost of 100.00 for repairs. In excess of this amount, we will obtain your approval first except in cases of emergency. 5.8 Arrange and co-ordinate the gas & electric safety inspections in accordance with current regulations. 6 Additional Services - Refurbishment Service The agency can offer the landlord a Refurbishment Service for any properties at a charge of 12% of all works - Details for this service is upon request.
7 The Landlord acknowledges that: 7.1 Property is subject to mortgage / loan - Where the property to be let as detailed above is subject to a mortgage or loan for which it is being held as security then permission to let will need to be obtained from the lender(s) prior to the commencement of the let. 7.2 Property insurance - Adequate levels of insurance cover on the buildings / and contents of the property being let should be maintained throughout the term of the tenancy. 7.3 Safety Regulations The landlord will fully comply with the Furniture & Furnishings (Fire) (Safety) (Amendment) Regulations 1996; Gas Installation (Safety& Uses) Regulations 1996; Electrical Equipment (Safety) Regulations 1994 or amendments that may apply during the period of any tenancy plus any other regulations referred to within this agreement or that may apply at any time. 7.4 Legal action The landlord will be responsible for taking any legal action necessary for recovery of any rent due or for court action for repossession of the property, including any other matters relating to the tenancy between the landlord and his / her tenant(s). Plus be responsible for the payment of all fees and costs relating to such matters. 7.5 Resident outside the UK - Where the landlord resides abroad (outside England or Wales) and is not registered for 'Self -assessment' then tax of allowable expenses at the current rate of the net rent collected by the agency will be deducted and retained by the agency until authority to pay over the money has been obtained from the Inland Revenue. The Landlord must seek to register for self assessed for rental if living abroad and becoming a non-resident landlord. 7.6 The landlord Confirms that where a property is a House in Multiple Occupation (HMO) it has been registered as such with the local authority, and that the property complies with all relevant regulations. 7.7 Sale of the property Should at any time after the commencement of the tenancy unconditional contracts for the sale of the landlord s property are exchanged with the tenant or any associated party, the agency will be entitled to a commission of 1% of the sale price, including fixtures and fittings. 7.8 The landlord Agrees to maintain the property to a good standard of repair throughout the tenancy term whilst occupied by the tenant(s) and to carry out all necessary repairs and maintenance as and when required as stated within the terms and conditions of the tenancy agreement. 7.9 The landlord Allows the agency power of attorney to deal with and sign all tenancy agreements, statutory notices, inventories and to instruct a third party inventory company to prepare and deal with all inventory matters where applicable, and to sign any insurance proposal forms on the behalf of the landlord s property. 7.10 The agency- Will where managing the property hold the tenant s deposit / bond as agent to the landlord / Stakeholder in the agent s client / deposit bank account where no interest is payable to either landlord or landlord s tenant(s). 7.11 The landlord - Undertakes to indemnify the agency within seven days of a demand for payment against the agency for all claims, costs and expenses of whatever nature made against the agency concerning the landlord or landlord s property. 7.12 The landlord - Undertakes to indemnify the agency within seven days of a demand for payment against all claims, costs and expenses of whatever nature made by the Department of Social Security or any other body or person and arising from the collection and payment to yourself and/or nominated bank or building society of the monthly rent. 7.13 The agency - Reserves the right to give 30 days notice in writing to the landlord to terminate this agreement stating the reason for doing so. 7.14 The agency - Accepts no liability for any damage or theft at the property whist vacant or between any letting. The agency recommends that the landlord considers all aspects of security, insurance cover against possible damage or claim that may occur during such periods. No property management service or agency service is offered during this period. A separate Caretaking agreement will need to be entered into between the agency and landlord as previously mentioned.
8 The Tenancy Deposit 8.1 The tenancy deposit: The Agent is a member of a Tenancy Deposit Scheme, which is administered by: My Deposits Tenancy Deposit Scheme Ground Floor, Kingmaker House PO Box 1255 Station Road Hemel Hempstead or New Barnet Herts HP1 9GN Hertfordshire EN5 1NZ phone 0845 226 7837 0844 980 0290 web www.tds.gb.com www.mydeposits.co.uk email deposits@tds.gb.com customerservices@mydeposits.co.uk fax 01442 253193 08456 34 34 03 8.1.1 If we are instructed by you to hold the Deposit, we shall do so under the terms of the Tenancy Deposit Scheme or My Deposits; whichever Scheme is used by the Agent. 8.1.2 The Agent holds tenancy deposits as Stakeholder (if not already specified with the Tenancy Agreement). 8.2 At the end of the tenancy covered by the one of the two Deposit Schemes 8.2.1 If there is no dispute we will keep any amounts agreed as deductions where expenditure has been incurred on behalf of the Landlord, or repay the whole or the balance of the Deposit according to the conditions of the Tenancy Agreement with the Landlord and the Tenant. Payment of the Deposit will be made within 10 working days of written consent from both parties. 8.2.2 If, after 30 working days following notification of a dispute to the Agent and reasonable attempts having been made in that time to resolve any differences of opinion, there remains an unresolved dispute between the Landlord and the Tenant over the allocation of the Deposit it will be submitted to the ICE for adjudication. All parties agree to co-operate with any adjudication. 8.2.3 The statutory rights of either you or the Tenant(s) to take legal action against the other party remain unaffected. 8.2.4 It is not compulsory for the parties to refer the dispute to the ICE for adjudication. The parties may, if either party chooses to do so, seek the decision of the Court. However, this process may take longer and may incur further costs. Because it is a condition of the Tenancy Agreement signed by both parties, judges may refer the dispute back to the ICE for adjudication. If the parties do agree that the dispute should be resolved by the ICE, they must accept the decision of the ICE as final and binding. 8.2.5 If there is a dispute we must remit to dispute scheme used the full deposit, less any amounts already agreed by the parties and paid over to them. This must be done within 30 working days of being told that a dispute has been registered whether or not you or we want to contest it. Failure to do so will not delay the adjudication but the deposit scheme used will take appropriate action to recover the deposit and discipline us. 8.2.6 You/We must co-operate with the ICE in the adjudication of the dispute and follow any recommendations concerning the method of the resolution of the dispute. 8.2.7 Dealing with disputes from non-asts: The Independent Case Examiner (ICE) may agree to resolve any disputes over the allocation of these deposits, by arrangement. If he does: The ICE will propose what he considers the most effective method of
resolving the dispute. Landlord, tenant and agent must consent in writing to his proposal. Disputes will be subject to a fee of 500 + VAT, or 10% of the deposit + VAT, whichever is the greater. The resolution process will not start until the parties consent, the disputed amount and the fee have been submitted. 8.3 Incorrect information The Landlord warrants that all the information he has provided to the Agent is correct to the best of his knowledge and belief. In the event that the Landlord provides incorrect information to the Agent which causes the Agent to suffer loss or causes legal proceedings to be taken the landlord agrees to reimburse and compensate the Agent for all losses suffered. 9. DECLARATION: 9.1 I/We the landlord(s) or authorised representative(s) warrant that I/we have title and power to enter into a tenancy agreement and that all necessary licenses and consents (if any) have been obtained. 9.2 I/We hereby authorise the under mentioned agency company to act on my / our behalf in the letting of the property (address as above), during the letting period and to sign any tenancy agreements where required. 9.3 I/We have read, understand the above terms and conditions and agree that they will apply for the letting of the above named property for let and to enter into a tenancy agreement. 9.4 I/We agree to pay to the agency company all fees due in respect of the tenancy or related fees as detailed above and to pay such fees in respect of the full period for which any tenant introduced by the agency occupies the property whether or not the company is instructed in connection with the letting. 9.5 I/We understand that the fees must be paid direct by me/us to the company or will be deducted by the Agency Company from the rental income due to me/us. 9.6 To receive all correspondence by email The signing of this agreement means that the property will have vacant possession and will be available to let upon the agent finding a tenant(s). DO NOT SIGN THIS UNLESS YOU AGREE TO ALL OF THE TERMS ABOVE. LANDLORD'S SIGNATURE SIGNED ON BEHALF OF PARKES & CO LTD LANDLORD'S FULL NAME FULL NAME POSITION DATE PLEASE STATE WHETHER THE LANDLORD OR PERSON (S) AUTHORISED TO SIGN ON BEHALF OF THE LANDLORD. Registered in England & Wales Company No. 07407148 VAT No: 2087655 88 Parkes & Co Ltd Registered Office: 28 Bondgate, Otley LS21 1AD 01943 467000
Notice of the Right to Cancel The consumer has a right to cancel the contract if he wishes and that this right can be exercised by delivering, or sending (including by electronic mail) a cancellation notice to the person mentioned in the next paragraph at any time within the period of 14 days starting with the day of receipt of a notice in writing of the right to cancel the contract. [The Consumer Contracts (Information, Cancellation and Additional Charges) Regs 2013] Date Agent s name. Any relevant reference no. or property address. The address, (including any electronic mail address as well as the postal address), of a person to whom a cancellation notice may be given. Notice of cancellation is deemed to be served as soon as it is posted or sent to the Agent or in the case of an electronic communication from the day it is sent to the Agent. The form below may be used if you wish to cancel this contract. Cancellation Notice to be Included in Notice of the Right to Cancel If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named above. You may use this form if you want to but you do not have to. Complete, detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT. ------------------------------------------------------ cut here ----------------------------------------------------------------- CANCELLATION NOTICE To: [Agent s name or the name of the person to whom notice may be given.] I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract [Agent to insert reference number, property address or other details to enable the contract to be identified. He may also insert the name and address of the consumer.] Signed. Name and Address... Date